Mental health and the criminal justice system

Question 1

Police station

Answer 1

• can be referred for an informal admission or section 2 or 3
• or has to go to court

Question 2

Court

Answer 2

• can be put on section 2 or 3
• can be placed on section 35 for remand for report on mental state
• can be put on section 36 which is remand for treatment
• or put on remand

Question 3

Remand

Answer 3

• can be transferred to hospital +/- restriction of discharge (s 48/49)
• or goes to conviction

Question 4

Conviction

Answer 4

• community rehab order with additional requirements of psychiatric care
• interim hospital order section 38
• hospital order section 37/41 (+/-restriction)
• or go to prison

Question 5

Prison

Answer 5

-can be then transferred to hospital +/- restricted section 47/49

Question 6

Trial of facts

Answer 6

-if crown court finds the accused unfit to plead then there will be a trial of facts to decide whether the individual committed the accused act

Question 7

Supervision order

Answer 7

-allows an individual to receive support and treatment usually with the aid of a social worker

Question 8

Section 41

Answer 8

• unlimited restriction

- if not in place then an order usually lasts 6 months but can renewed by the RC

Question 9

Section 47

Answer 9

• transfer order from prison to hospital

- often restricted by section 49 which prevents the hospital from discharging the individual